Enforcement Discretion. Enforcement of the terms of this Conservation Easement by a Party and/or third party beneficiary shall be at the discretion of the Party and/or third party beneficiary, and any forbearance by such Party and/or third party beneficiary to exercise its rights under this Conservation Easement in the event of any breach of any term of the Conservation Easement by a Party or any subsequent transferee shall not be deemed or construed to be a waiver by the non-violating Party and third party beneficiary of such terms or of any subsequent breach of the same or any other term of this Conservation Easement or of any of the rights of the non-violating Party and third party beneficiary under this Conservation Easement. No delay or omission by the non-violating Party and/or third party beneficiaries in the exercise of any right or remedy upon any breach by the violating Party shall impair such right or remedy or be construed as a waiver. Further, nothing in this Conservation Easement creates a non- discretionary duty upon the non-violating Party and/or third party beneficiaries to enforce its provisions, nor shall deviation from these terms and procedures, or failure to enforce its provisions give rise to a private right of action against the non-violating Party and/or third party beneficiaries by any third parties.
Enforcement Discretion. Enforcement of the terms of this Grant shall be at the discretion of Grantees, and any forbearance by either of them to exercise its rights under this Grant in the event of any breach of any term of this Grant by Grantors shall not be deemed or construed to be a waiver by Grantees of any subsequent breach of the same or any other terms of this Grant or of any of Grantees' rights under this Grant. No delay or omission by Grantees in the exercise of any right or remedy upon any breach by Grantors shall impair such right or remedy or be construed as a waiver.
Enforcement Discretion. Enforcement of the terms, provisions, and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee and/or the Corps, and any forbearance on behalf of Grantee or the Corps to exercise their respective rights hereunder in the event of any breach by Grantor, shall not be deemed or construed to be a waiver of such rights.
Enforcement Discretion. Enforcement of the terms of this Conservation Easement shall be at the discretion of COUNTY, and any forbearance by COUNTY to exercise its rights hereunder shall not be deemed or construed to be a waiver by COUNTY of such rights or of any subsequent breach of the same or any other terms of this Conservation Easement, or of
Enforcement Discretion. Enforcement of the terms of this Conservation Easement shall be at the discretion of the Land Trust and/or the Town, and any forbearance by it to exercise its rights under this Conservation Easement in the event of any breach of any term of this Conservation Easement shall not be deemed or construed to be a waiver of any subsequent breach of the same or any other terms of this Conservation Easement or of any rights under this Conservation Easement. No delay or omission by the Land Trust and/or the Town in the exercise of any right or remedy upon any breach by any party to this Conservation Easement shall impair such right or remedy or be construed as a waiver.
Enforcement Discretion. Enforcement of the terms of this Easement shall be at the discretion of Grantor or Grantee (for purposes of this Section, the "Non-Defaulting Party"), and any forbearance by the Non-Defaulting Party to exercise their respective rights under this Easement in the event of any breach of any term of this Easement by the other party, shall not be deemed or construed to be a waiver by the Non-Defaulting Party of such term or of any subsequent breach of the same or any other term of this Easement or of any of the Non-Defaulting Party rights under this Easement. No delay or omission by the Non-Defaulting Party in the exercise of any right or remedy upon any breach by Grantor or Grantee shall impair such right or remedy or be construed as a waiver.
